SUMAN NAMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 302 of the IPC for committing murder of his wife and by the judgment dated 23.06.2015 delivered in case No. ST 46(ST/S) of 2014 by the Sessions Judge, South Tripura, Belonia he has been convicted for committing the said offence. The said judgment and the consequential order of sentence are under challenge in this appeal.

(2.) The first information report was lodged to the officer-in-charge of Manubazar P.S. by one Ratan Sarkar (PW11). That information was registered as Manubazar P.S. Case No. 86 of 2012 under Section 302/34 of the IPC. PW11, Ratan Sarkar has alleged that his niece namely, Reshmi Datta (Nama) was married to the appellant. In their wedlock, one male child was born. On unlawful demand, his niece was subjected to physical and mental torture. His niece visited his house 7-8 days prior to her death. At that time, she had complained that in their rented house in every night she was subjected to torture, even the appellant had tried to strangulate her. After having the news of death, PW11 lodged the information.

(3.) After the said case was registered, investigation ensued and on completion of investigation, police report under Section 173(2) of the CrPC was filed but since the offence is exclusively triable by the Court of Sessions, the police papers were committed to the court of the Sessions Judge, South Tripura, Udaipur (as it then was) and after bifurcation of the judicial districts, the said case was transferred to the Court of Sessions Judge, South Tripura, Belonia.